theft Flashcards
theft meaning
s1 theft 1968, dishonest appropriation of property, belonging to another with the intent to permanently deprive them of it
3 ar of theft
appropriation - s3
property -s4
belonging to another - s5
s3 defintion
assumption to any rights of ownership.
gomez
s3 physical
no need to physically take item , treating as ur own is enough
- can happen even with owners consent , depends on whether it was taken through deception
- Lawrence
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s3 consent
- can happen even with owners consent , depends on whether it was taken through deception
- Lawrence
s3 gifts
- valid gift can still be appropation if gotten dishonestly
hinks
s4 1 definiton
includes money , tangible items , and intangible assets
s4 intangible property expections
knowledge / exam question , not property
Oxford v moss
s4 expections to what can be stolen
s42land - only stolen in limited cases, e.g tenant removing fixtures s42c
s43wild plants and flowers- can’t be stolen unless taken for sale/commerical gain
s43
s44 wild animals - unless , taken under a license
s5 defintion
- includes ownership, possession or contorl
- can steal rom oneself if another has control , turner no2
- must be truly abandoned , not belong to anyone else , woodman
- donated goods belong to donor until accepted - r v Ricketts
- can still belong to another even if owner isn’t aware
exception to belonging of another
s52 - property held on trust
s53- property given for specific purpose, must be used accordingly
Davidge v Bunnett
s54- property received by mistaken , must be returned if legal obligation exists
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mens rea of theft , 2 elelmts
dishonesty - s2
intent to perm dep- s6
s2 definiton
defined in case law , not in statued
expections on s2
s21a- not dishonest if d believes they have legal right to property - turner no.2
s21b- not dishonest if d believes owner would consent - holden
s21c- not dishonest if believes that owner can’t be found haven taken the reasonable steps - small
s2 test
dishonesty test - barton and booth
s2 objective
was d conduct dishonest by the standards of ordinary , decent ppl
s2 subjective
did d know their conduct was dishonest based on the fact as they understood them
s2 willing to pay
still dishonest , s22
s6 meaning
- taking an item forever, for a period of time for an outright taking , lloyd
s6 , itpd cases
- r v velumyl = returning different notes = itpd
- r v lavender - swappingdoors = itpd
- dpp v j - breaking and returning= itpd
- r v marshall - resellng tube tickets = itpd
s6 , test lloyd
- property returned with all goodness = no itpd
